<div class="chunk-title">Sec. 32-22. - Transferability.</div>
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               (a)
               
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               <span class="ital">Franchise.</span> Any franchise granted hereunder cannot be sold, transferred leased, assigned or disposed
               of including, but is not limited to:
               
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               (1)
               
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               By force or voluntary sale;
               
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               (2)
               
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               Merger;
               
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               (3)
               
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               Consolidation; and
               
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               (4)
               
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               Receivership or other means without the county's prior consent, which shall not be
               unreasonably withheld.
               
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               (b)
               
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               <span class="ital">Threshold.</span> The grantee shall promptly notify the county of any actual or proposed change in
               or transfer of, or acquisition by any other party of, control of the grantee.
               
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               (1)
               
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               <span class="ital">Control defined.</span> The term "control" is not limited to major stockholders, but includes actual working
               control in whatever manner exercised.
               
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               (2)
               
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               <span class="ital">Rebutable presumption.</span> A rebutable presumption that a transfer of control has occurred shall arise upon
               the disposal by the grantee:
               
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               a.
               
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               Directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation
               or otherwise, of 50 percent or more, at one time, of the ownership or controlling
               interest in the system; or
               
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               b.
               
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               Fifty percent cumulatively over the term of the franchise of such interest to a corporation,
               partnership, limited partnership, trust, limited liability, or company association,
               or person or group of persons acting in concert.
               
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               (3)
               
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               The county shall exercise its power to approve a transfer of ownership or control
               in a manner consistent with section 617 of the Communications Act (47 USC 537).
               
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               (c)
               
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               <span class="ital">Process.</span> Every transfer, sale, lease, assignment or disposition of including, but not limited
               to, by force or voluntary sale, merger, consolidation, receivership or other means
               or acquisition of control of the grantee shall make the franchise subject to cancellation
               unless and until the county shall have consented thereto, which consent will not be
               unreasonably withheld.
               
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               (1)
               
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               <span class="ital">Inquiry.</span> For the purpose of determining whether it shall consent to such transfer, sale, lease,
               assignment or disposition of including, but not limited to, by force or voluntary
               sale, merger, consolidation, receivership or other means or acquisition of control
               of the grantee the county may inquire into the legal, financial, character, technical
               and other public interest qualifications of the prospective controlling party, and
               the grantee shall assist the county in any such inquiry.
               
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               (2)
               
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               <span class="ital">Failure to provide information grounds for denial.</span> The failure to provide all information reasonably requested by the county as part
               of said inquiry may be grounds for denial of the proposed transfer, voluntary sale,
               merger, consolidation, receivership or other means or acquisition of control of the
               grantee.
               
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               (3)
               
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               <span class="ital">Consent.</span> If the county finds that such transfer, after considering the legal, financial, character,
               technical and other public interest qualifications of the applicant, is satisfactory,
               the county will transfer and assign the rights and obligations of such franchise as
               may be in the public interest. The consent of the county to such transfer shall not
               be unreasonably withheld.
               
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               (d)
               
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               <span class="ital">Assumption of control.</span> The county agrees that any financial institution having a pledge of the franchise
               or its assets for the advancement of money for the construction and operation of the
               system shall have the right to notify the county that it or its designee satisfactory
               to the county will take control of and operate the operation that will ensure continued
               service and compliance with all franchise obligations during the term the financial
               institution exercises control over the system. The financial institution shall not
               exercise control over the system for a period exceeding one year, unless extended
               by the county at its discretion and during said period of time it shall have the right
               to petition for transfer of the franchise to another grantee.
               
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               (e)
               
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               <span class="ital">Signatory requirement.</span> Any approval by the county or transfer shall be contingent upon the prospective controlling
               party becoming a signatory to the franchise.
               
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            <p class="historynote0">
               (Ord. No. 126, Â§ 1-4, 7-19-2004)
               
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